15 GEORGE V
SESSION AL FAPER No. 9
A. 1925
DOMINION OF CANADA
REPORT
OF THE
COMMISSIONER OF PATENTS
FOR THE
Fiscal Year ended March 31, 1924
PRINTED BY ORDER OF PARLIAMENT
OTTAWA
F. A ACLAND
PRINTER TO THE KING'S MOST EXCELLENT MAJESTY
1934
15 GEORGE V
SESSIONAL PAPER No 9
A. 1925
To General His Excellency the Right Honourable Lord Byng oj Vimy, G.C.B.,
G.C.M.G., M.V.O., Governor General and Commander-in-Chief of the
Dominion of Canada.
May It Please Your Excellency:
The undersigned has the honour to present to Your Excellency the report
of the Commissioner of Patents for the fiscal year ended March 31, 1924.
All of which is respectfully submitted.
THUS. A. LOW,
Minister of Trade and Commerce.
Ottawa, June 28, 1924.
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15 GEORGE V
SESSIONAL PAPER No. 9
A. 1925
ANNUAL REPORT
►
OF THE
COMMISSIONER OF PATENTS
The Hon. Thos. A. Low, M.P.,
Minister of Trade and Commerce.
Sir, — In pursuance of the requirements of the 60th section of the Patent
Act, chapter 23 of the Statutes of 1923, and section 5a of an Act respecting the
Patent Act, the Copyright Act, the Trade Mark and Design Act, and the
Timber Marking Act, chapter 64, 9 and 10 George V, I have the honour to report
as follows upon the proceedings in the fiscal year ended March 31, 1924, under
the provisions of these Acts.
General Business
The general business of the office for the twelve months ended March 31
showed a slight decrease from the preceding year. The number of applications
filed was 10,441. This is 365 less than last year, or a decrease of over three per
cent. There were 9,000 patents granted. This is about the average issue of
the last five years but is 3,542 or over 28 per cent less than last year. The
exceptionally large issue last year was due to the change in the method of pay-
ment of fees under the Act amending the Patent Act assented to June 4, 1921.
Under this amendment so many applicants took advantage of the extension
of time in which to remit the final fees that the grant of patents in the fiscal
year 1921-22 was greatly reduced and the issue of 1922-23 was correspondingly
increased. Renewal fee certificates totalled 1,793, a decrease of 334, or 15 per
cent. Forty-three of the renewals were accepted under section 47 of the Patent
Act and eight were received by authority of special Acts of Parliament. The
remainder, or 1,742, were accepted as final fees under subsection 2 of section 43
of the Patent Act. The number of assignments recorded was 5,061, a decrease
of 82, or slightly over one per cent. Petitions to place 1,085 patents under the
compulsory license clause, section 44 of the Patent Act, chapter 69, R.S.C. 1906,
were received and 1,099 patents were made subject to this section. This clause
of the Act was in force only the first five months of the year until the new
Act became effective on September 1. During the sanie period requests were
made to extend the time for importation on 139 patents and for manufacture
on 112 patents. Of these petitions 67 were granted for importation and 59
for manufacture. Notices under section 8 for the five months were 88. Caveat
applications and grants were 489 and 415 respectively. This is a few less than
last year and is a decrease of 24 applications and 37 grants. Reports by
examiners in addition to the patents allowed amounted to 6,710. This is a
5
6
TRADE AND COMMERCE
15 GEORGE V, A. 1925
decrease of 424, or 6 per cent. Orders for 4,029 certified copies of patent speci-
fications were filled during the year. Under the seven months’ operation of the
new Act and Rules, 22 abandoned applications were reinstated under Rule 11,
147 forfeited applications were restored under subsection 3 of section 43, and
138 applications were made under section 47 for the revival of patents which
had become void for non-payment of fees, failure to manufacture, or because
of the importation of the patented article. The total transactions relating to
patents numbered 40,894, a decrease of 6,044 or over 12 per cent less than last
year.
Registrations of copyright numbered 1,760. This is 169 more than last
year, an increase of more than 10 per cent. Trade mark registrations totalled
2,310, a decrease of 83, or over 3 per cent. There were 422 industrial designs
recorded, which is 50 or over 13 per cent more than the previous year. Timber
mark registrations were 17, the same as the preceding year. The assignments
of copyrights, trade marks, industrial designs and timber marks amounted to
989, an increment of 576 or over 140 per cent. The total registrations affecting
copyrights, trade marks, designs and timber marks were 5,498. This is 566 or
nearly 12 per cent more than the previous twelve months.
A statement of the transactions of the Patent apd Copj’right Office is given
in appendix A and a comparative statement for the last ten years is given in
appendix B.
Receipts and Expenditures
The fees received from all sources were less than the preceding year, which
was the largest in the history of the ‘office. Last year’s receipts were increased
by the change in the manner of payment of fees under the amending Act of June
4, 1921, by which the applicants were given six months after the allowance of
the application to remit the final fee. The fees for filing petitions for licenses,
importation and manufacture were in effect only five months of the present
year and the amounts received therefrom were correspondingly reduced. This
decrease has been more than offset by the charges imposed under the new Act
of September 1, 1924, for applications for restoration, reinstatement and revival
of patents.
The total net receipts were $459,780.27, a decrease of $24,698.64 compared
with the preceding twelve months. The expenditures were $227,090.94, and the
surplus of receipts over expenditures was $232,689.33. The patent fees totalled
$390,933.66. This is $22,304.16 less than last year. The fees from copyrights,
designs, trade and timber marks were $68,846.61, a decrease of $2,394.48.
In appendix C is given a statement of the receipts and expenditures and
a detailed monthly statement of fees from the Patent Branch and the Copy-
right and Trade Mark Branch is given in appendices D and E respectively.
Residence of Inventors for Patents Granted
Appendix F gives the country of residence of inventors for the patents
issued. Of the total number granted 5,860 were applied for by residents of the
United States. This is 65 per cent of the whole issue but is 2 per cent less
than were issued to United States inventors last year. Applicants residing in
Canada contributed 1,533, or 17 per cent of the total. This is an increase of
1 per cent. Residents of Great Britain and Ireland and the British Colonies
and Possessions applied for 855, or over 9 per cent of the issue. This is the
same percentage as the preceding year. The remaining 752 patents, or over
8 per cent, came from inventors in twenty-five other countries. This is an
increase of 1 per cent over the previous year.
COMMISSIONER OF PATENTS
7
SESSIONAL PAPER No. 9
Patent Record and Exchange of Publications
The official journal, the Canadian Patent Office Record, was issued each
Tuesday which corresponds with the date of grant of patents. The principal
drawing and claims of patents, abridgments of trade marks and designs, lists
of copyrights and assignments, and notices of hearing were published. In addi-
tion to subscriptions and sales, the Record was distributed to ninety-three public
and university libraries in Canada, to seventy-one in Great Britain and its
Dominions, to forty-nine in the United States and to nineteen other foreign
libraries and consular offices.
During the year the official publications and reports of patents, trade marks
and designs from Great Britain, Australia, New Zealand, France, the United
States of America, Mexico, Belgium, Italy, Japan, Switzerland and Norway
were received in exchange for the Record. The office was also in receipt of
abridgments of patents and bound volumes of patents from Great Britain, the
printed copies of French patents, and the current weekly issue of United States
patents. About fifty scientific and technical periodicals for the use of the
examining corps were obtained by exchange for the office journal.
i
Staff
The number of employees of the office averaged 116 during the year, and
was composed of ninety-five permanent and twenty-one temporary officers and
clerks. This is an increase of five in the permanent staff and a decrease of six
in the temporary. During the year four clerks resigned.
Letters, Etc.
Letters and correspondence relating to Patent, Copyright and other office
transactions received during the year totalled 62,497, and the letters, correspond-
ence forms and packages of publications despatched from the office amounted
to 141,300. The increase in the number of letiers received was 4,228 and in the
number despatched there was a decrease of 2.952.
Register of Patent Agents
The new Patent Act provides that a register of attorneys shall be kept in
the Patent Office on which shall be entered the names of all persons entitled to
present and prosecute applications for patents and Rule 33 of the new regulations
gives the qualifications required for entry on the register. The total number on
the register on March 31 was 1,282.
Refund of Fees Held by Custodian of Enemy Property
Claims for refunds of fees under section 51 of the former Patent Act on
applications of alien enemies pending at the outbreak of the Great War and on
those filed from the beginning of the war up to January 10, 1920, had been
reported to, and the fees deposited with the Custodian of Enemy Property. In
a number of cases refunds were made by the custodian and on May 19, 1923,
the balance, affecting twenty-eight applications, was transferred to this office
for disposal. Refunds were then made to the agents of the applicants.
Revival of Patents
Under section 47 of the new Act 138 applications were presented for the
restoration and revival of 230 patents that had become void by importation,
non-manufacture and non-payment of fees. In 80 cases affecting 143 patents,
8
TRADE AXD COMMERCE
15 GEORGE V, A. 1925
restoration was made. Of this number 38 were for failure to pay fees, 51 for
non-manufacture, 15 for importation, 33 for non-manufacture and importa-
tion and 6 for non-manufacture and non-payment of fees. On March 31 there
were 58 pending applications for which notice of hearing had been published.
Trend of Invention
There was no outstanding development in this respect. With a few excep-
tions the decrease in the number of applications filed was evenly divided among
the inventive arts. Inventions relating to transportation were again more
numerous than any other, but land vehicles and accessories, which is the largest
single class of invention, declined nearly 30 per cent. Railway appliances and
rolling stock were about the same as last year, with the exception of a large
increase in draft gear and buffer applications. There were decreases in air
and water navigation.
Inventions pertaining to agriculture and animal husbandry declined nearly
20 per cent.
Applications relating to dyeing, bleaching, chemicals, medicines, fertilizers,
metallurgy and electro-chemistry were slightly in excess of last year.
The interest in wireless communication, especially in the development of
vacuum tubes, was well maintained, but there was a marked decrease in tele-
phone applications.
Woodworking machinery and tools were somewhat greater than last year.
Printing press and typewriter applications increased. Many of the type-
writer applications were directed to the lessening of noise, folding portable
machines and book-keeping machines.
Pulp and paper making machines and processes increased nearly 50 per
cent.
Steam engines increased slightly but internal combustion motors declined
nearly 20 per cent. In this class there was a larger number of inventions for
the diesel and semi-diesel type of engine.
In some other classes such as wooden buildings, metal founding, hoisting
machinery, dish washing machines, liquid fuel burners, weaving, cordage manu-
facture and life preservers there were substantial gains.
Legislation and International Conventions
The Patent Act, chapter 23 of the Statutes of 1923, was passed on the 13th
June, 1923, and by proclamation published in the Canada Gazette on the 7th
July, 1923, was brought into force on the 1st September last. This Act repealed
the Patent Act, chapter 69, R.S.C., 1906. The Rules and Regulations and Forms
under the new Act which were approved by the Governor in Council on the
27th July, 1923, also became effective on the 1st September last, and on the
same date, Canada’s adherence to the International Convention for the Protec-
tion of Industrial Property was secured.
The Copyright Act, 1921, as amended by chapter 10 of the statutes of 1923,
came into force on the 1st January last, as did also the Rules and Regulations
and Forms made thereunder.
On the same date a reciprocal arrangement between Canada and the
United States became effective, the Minister having issued a certificate under
subsection (2) of section 4 of the Copyright Act, 1921, extending the Act to
the United States and the President of that country having issued a proclama-
tion extending to Canada the protection afforded by the copyright legislation of
the United States. On the same date Canada’s adherence to the Revised Con-
vention of Berne and the extension of the British Copyright Act, 1911, became
effective.
COMMISSIONER OF PATENTS
9
SESSIONAL PAPER No. 9
All the documents evidencing the foregoing arrangements and accomplish-
ments appear in appendix G of this report.
Chapter 28 of the Statutes of 1923 was passed amending the Trade Mark
and Design Act. The amendments were made to permit Canada’s adherence
to the International Convention for the Protection of Industrial Property
which was secured as above stated.
There were nine special Acts granted by Parliament for the relief of the
owners of thirteen patents. The time for the acceptance of fees was extended
in eight of these, three were placed under the operation of the compulsory
license clause, and on two others the time for importation and manufacture
■was extended.
Respectfully submitted,
GEORGE F. O’HALLORAN,
Commissioner of Patents.
Ottawa, June 28, 1924.
.
•
15 GEORGE V
SESSIONAL PAPER No. 9
A. 1925
APPENDICES
15 GEORGE V
SESSIONAL PAPER No. 9
A. 1925
APPENDIX A
Transactions of the Patent and Copyright Office from April 1, 1923, to
March 31, 1924
(a) Transactions of The Patent Branch.
Applications for patents 10,441
Patents granted —
Fees paid for 6 years on issue 490
Fees paid for 18 years on issue 8,478
Re-issue patents granted —
For 6 years 6
For 18 years 26
Total 9,000
Certificates for renewal fees after issue 1, 793
Assignments of patents 5,061
Reports by examiners in addition to patents granted 6,710
Caveat applications 489
Caveat grants 415
Petitions under compulsory licence clause (5 months) 1,085
Grants under compulsory licence clause, (5 months) 1,099
Petitions for extension of time for importation (5 months) 139
Grants for extension of time for importation, (5 months) 67
Petitions for extension of time for manufacture (5 months) 112
Grants for extension of time for manufacture (5 months) 59
Notices under section 8 (5 months) 88
Applications reinstated, (7 months) • 22
Applications restored under section 43 (7 months) 147
Petitions for revival of patents under section 47 (7 months) 138
Certified copies of patents 4,029
Total transactions 40,894
(6) Transactions of the Copyright and Trade-Mark Branch.
1. Copyrights —
Full copyrights without certificates 1,107
Full copyrights with certificates 552
Temporary copyrights without certificates 26
Temporary copyrights with certificates 7
Interim copyrights without certificates 58
Interim copyrights with certificates 8
Renewals of copyrights 2
Assignments of copyrights 448
Total 2,208
2. Trade marks 2,202
Renewals of specific trade marks 108
Assignments of trade marks 490
Total 2,800
3. Industrial designs 407
Renewals of industrial designs 15
Assignments of industrial designs 43
Total 465
4. Timber marks 17
Assignments of timber marks 8
25
5,498
Total
Total registrations
13
APPENDIX B
Comparative Statement of the Transactions of the Patent and Copyright Office from 1015 to 1924 Inclusive
(g) Comparative Statement of the Patent Branch.
14
TRADE AND COMMERCE
1924
o
— C CC 1C w
rf C N *t C C:
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1923
10,800
12,542
2,127
452
5,143
S413.237 82
1922
12,274
7,393
2,620
420
5,481
$380,200 90
CM
05
13,440
11,152
2,549
410
5,525
$344,712 23
i
1920
11,198
9,527
2,036
408
4,479
$294,040 28
1919
9,025
6,052
2,022
349
3,690
$239,345 3S
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7,793
6,812
1,419
419
3,311
$202,630 40
1915
7,302
6,867
1,211
391
3,391
$190,028 37
Applications for patents
Patents granted
Certificates for renewal fees
Caveats granted
Assignments recorded
Fees received, net
15 GEORGE V. A. 1925
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COMMISSIONER OF PATENTS
15
SESSIONAL PAPER No. 9
APPENDIX C
Receipts and Expenditures for 1923-24
Receipts
Expenditures
Cash received
Cash refunded . .
$ 483,082 50
23,302 23
Salaries
Patent Record
Contingencies
. .1
166,592 73
32,051 91
28,446 30
Receipts over expenditures
$
227,090 94
232,689 33
Net cash
S 459,780 27
$
459,780 27
Detailed Statement Patent Office Fees for Year 1923-24
16
TRADE AND COMMERCE
15 GEORGE V,
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COMMISSIONER OF PATENTS
17
SESSIONAL PAPER No. 9
APPENDIX E
Detailed Statement Trade Mark and Copyright Fees, 1923-24
Month
Trade
marks
Copy-
rights
Designs
Timber
marks
Assign-
ments
Certified
Copies
Totals
$ cts.
$ cts.
$ cts.
8 cts.
S cts.
S cts.
$ cts.
1923
April
8,158 65
163 55
199 00
4 00
90 00
82 00
8,697 20
May
6, 640 00
167 25
211 00
2 00
130 15
22 00
7,172 40
June
6,521 15
160 65
165 25
52 00
74 00
58 75
7,031 80
July
4,589 15
147 65
144 50
90 00
6-1 25
.5 035 55
August
4,402 50
147 05
82 00
6 00
92 00
58 00
4,787 55
September
4,612 75
175 70
250 00
2 00
102 00
25 00
5,167 45
October
6,676 00
176 40
218 50
4 00
101 10
30 00
7,206 00
November
5,439 50
178 50
167 00
4 00
96 00
89 00
5,974 00
December
6,161 15
178 87
250 00
2 00
47 15
107 50
6,746 67
1S24
January
4,730 15
319 50
154 00
2 00
116 00
119 12
5,440 77
February
7,465 47
771 00
222 00
184 10
78 40
8 720 97
March
7,552 00
828 00
195 00
4 00
114 00
74 75
8,767 75
Totals
72,948 47
3,414 12
2,258 25
82 00
1,236 .50
808 77
80,748 11
Refunds
11,583 00
65 75
163 50
2 00
44 00
43 25
11,901 50
Totals
61,365 47
3,348 37
2,094 75
80 00
1 , 192 50
765 52
68,846 61
9—2
18
TRADE AND COMMERCE
15 GEORGE V, A. 1925
APPENDIX F
Residence of Inventors for Patents Granted in 1923-24
Canada —
Ontario 673
Quebec 312
British Columbia 174
Alberta 123
Saskatchewan 106
Manitoba 83
Nova Scotia 41
New Brunswick 14
Prince Edward Island 7
Total 1,533
Great Britain and Ireland —
England 577
Scotland 42
Ireland 19
Wales 6
Total 644
British Colonies and Possessions —
Australia 120
New Zealand 55
South Africa 25
India 8
N ewf oundland 2
Egypt 1
Total 211
Foreign States
America —
United States 5,860
Mexico 8
Chili 5
Argentine Republic 3
Cuba 2
Brazil 1
Uruguay 1
Total 5,880
Foreign States — Con.
Europe —
Germany 219
France 164
Sweden 80
Switzerland 53
Norway 44
Hungary 27
Belgium 24
Denmark 24
Holland 23
Italy 22
Austria 20
Spain 8
Finland 3
Czecho-Slovakia 3
Bulgaria 1
Russia 1
Total 716
Asia —
Japan 13
Dutch East Indies 2
China 1
Total 16
Grant Total 9,000
COMMISSIONER OF PATENTS
19
SESSIONAL PAPER No. 9
APPENDIX G
INTERNATIONAL CONVENTION FOR THE PROTECTION OF
INDUSTRIAL PROPERTY
REVISED PARIS CONVENTION
Convention for the purpose of making modifications in, and additions to,
the Convention of Paris of the 20th March, 1883, revised at Brussels on the
14th December, 1900; made at Washington on the 2nd June, 1911, between,
His Majesty the King of the United Kingdom of Great Britain and Ireland
and of the British Dominions beyond the Seas, Emperor of India; His Majesty
the German Emperor, King of Prussia, in the name of the German Empire;
His Majesty the Emperor of Austria; King of Bohemia; etc., and Apostolic
King of Hungary, for Austria and for Hungary; His Majesty the King of the
Belgians; the President of the United States of Brazil; the President of the
Republic of Cuba; His Majesty the King of Denmark; the President of the
Dominican Republic; His Majesty the King of Spain; the President of the
United States of America; the President of the French Republic; His Majesty
the King of Italy; His Majesty the Emperor of Japan; the President of the
United States of Mexico; His Majesty the King of Norway; Her Majesty the
Queen of the Netherlands; the President of the Provisional Government of the
Republic of Portugal; His Majesty the King of Servia*; His Majesty the
King of Sweden; the Federal Council of the Swiss Confederation; and the
Tunisian Government:
(The following is an English translation of the Convention with the omission
of the formal beginning and end)
Article 1
The Contracting countries constitute themselves into a Union for the
protection of industrial property.
Article 2
The subjects or citizens of each of the contracting countries shall in all
the other countries of the Union, as regards patents, utility models, industrial
designs or models, trade marks and trade names, indications of origin, and the
suppression of unfair competition, enjoy the advantages that their respective
laws now grant, or may hereafter grant, to their own subjects or citizens. Con-
sequently, they shall have the same protection as the latter, and the same legal
remedy against any infringement of their rights, provided they observe the
conditions and formalities imposed on native subjects or citizens. No obliga-
tion as to the possession of a domicile or establishment in the country where
protection is claimed shall be imposed on those who enjoy the benefits of the
Union.
Article 3
Subjects or citizens of countries not forming part of the Union, who are
domiciled or who have real and effective industrial or commercial establish-
ments in the territory of any of the countries of the Union, shall be assimilated
to the subjects or citizens of the contracting countries.
* Servia did not sign the Convention.
9—3
20
TRADE AXD COMMERCE
15 GEORGE V. A. 1925
Article 4
(а) Any person who has duly applied for a patent, the registration of a
utility model, industrial design or model, or trade mark, in one of the contract-
ing countries, or his legal representative or assignee, shall enjoy, for the pur-
poses of registration in other countries, and reserving the rights of third parties,
a right of priority during the periods hereinafter stated.
(б) Consequently, subsequent registration in any of the other countries
of the Union before the expiration of these periods shall not be invalidated
through any acts accomplished in the interval, either, for instance, by another
registration, by publication of the invention, or by the working of it by a third
party, by the sale of copies of the design or model, or by use of the trade mark.
(c) The above-mentioned periods of priority shall be twelve months for
patents and utility models, and four months for industrial designs and models
and trade marks.
( d ) Any person desiring to take advantage of the priority of a previous
application must make a declaration giving particulars as to the date of such
application and the country in which it was made. Each country will deter-
mine for itself the latest date at which such declaration must be made. The
particulars referred to shall be stated in the publications issued by the com-
petent authority, and in particular in the patents issued and the specifications
relating thereto. The contracting countries may require any person making a
declaration of priority to produce a copy of the application (with the specifica-
tion, drawings, etc.) previously made, certified as correct by the authority by
whom it was received. Such copies shall not require any legal authentication.
They may also require that the declaration shall be accompanied by a certifi-
cate from the proper authority showing the date of the application, and also
by a translation. No other formalities may be required for the declaration ot
priority at the time of application. Each of the contracting countries shall
decide for itself what consequences shall follow the omission of the formalities
prescribed by the present article, but such consequences shall in no case be
more serious than the loss of the right of priority,
(e) At later stages, further proof in support of the application may be
required.
Article 4 bis
Patents applied for in the various contracting countries by persons
admitted to the benefits of the Convention in the terms of articles 2 and 3 shall
be independent of the patents obtained for the same invention in the other
countries, whether such countries be or be not parties to the Union.
This stipulation must receive a strict interpretation; in particular, it shall
be understood to mean that patents applied for during the period of priority are
independent, both as regards the grounds for refusal and for revocation, and
also as regards their normal duration.
The stipulation shall apply to all patents already existing at the time when
it shall come into effect.
The same stipulation shall apply in the case of the accession of new
countries, to patents in existence, either on one side or the other, at the time of
accession.
Article 5
The introduction by the patentee into the country where the patent has
been granted of objects manufactured in any of the countries of the Union shall
not entail forfeiture.
COMMISSIONER OF PATENTS
21
SESSIONAL PAPER No. 9
Nevertheless, the patentee shall remain bound to work his patent in con-
formity with the laws of the country into which he introduces the patented
objects, but with this reservation: that the patent shall not be liable to revoca-
tion on account of failure to work it in any country of the Union until after
the expiration of three years from the date of application in that country, and
then only in cases where the patentee cannot show reasonable cause for his
inaction.
Article 6
Every trade mark duly registered in the country of origin shall be admitted
for registration and protected in the form originally registered in other countries
of the Union.
Nevertheless, the following marks may be refused or cancelled: —
1. Those which are of such a nature as to prejudice rights acquired by
third parties in the country in which protection is applied for.
2. Those which have no distinctive character, or which consist exclusively
of signs or indications which serve in trade to designate the kind, quality,
quantity, destination, value, place of origin or date of production, or which
have become customary in the current language, or in the bona fide and unques-
tioned usages of the trade of the country in which protection is sought.
In arriving at a decision as to the distinctiveness of the character of a
mark, all the circumstances of the case must be taken into account, and, in
particular, the length of time that such a mark has been in use.
3. Those which are contrary to morality or public order.
That country shall be deemed the country of origin where the applicant
has his chief seat of business.
If this chief seat of business is not situated in one of the countries of the
Union, the country to which the applicant belongs shall be deemed the country
of origin.
Article 7
The nature of the goods on which the trade mark is to be used can, in no
case, form an obstacle to the registration of the trade mark.
Article 7 bis
The contracting countries undertake to allow the registration of, and to
protect, trade marks belonging to associations the existence of which is not
contrary to the law of the country of origin, even if such associations do not
possess an industrial or commercial establishment.
Nevertheless, each country shall be the sole judge of the particular condi-
tions on which an association may be allowed to obtain protection for its
marks.
Article 8
A trade name shall be protected in all the countries of the Union without
necessity of registration, whether it form part or not of a trade mark.
Article 9
All goods illegally bearing a trade mark or trade name shall be seized on
importation into those countries of the Union where this mark or name has a
right to legal protection.
If the law of any country does not admit of seizure on importation, such
seizure shall be replaced by prohibition of importation.
9-31
22
TRADE AND COMMERCE
15 GEORGE V, A. 1925
Seizure shall be effected equally in the country where the mark or name
was illegally applied, or in the country to which the article bearing it may have
been imported.
The seizure shall take place at the request either of the proper Govern-
ment department or of any other competent authority, or of any interested
party, whether individual or society, in conformity with the domestic law of
each country.
The authorities are not bound to effect the seizure of goods in transit.
If the law of any country does not admit either of seizure upon importation,
of prohibition of importation, or of seizure within the country, these measures
shall be replaced by the remedies assured in such case to subjects or citizens
by the law of such country.
Article 10
The stipulations of the preceding article shall be applicable to every pro-
duction which may falsely bear as indication of origin the name of a specified
locality, when such indication shall be joined to a trade name of a fictitious
character or used with intent to defraud.
Any producer, manufacturer, or trader engaged in the production, manu-
facture, or trade of such goods, and established either in the locality falsely
designated as the place of origin, or in the district where the locality is situated,
is to be deemed a party concerned.
Article 10 bis
All the contracting countries undertake to assure to those who enjoy the
benefits of the Union effective protection against unfair trade competition.
Article 11
The contracting parties shall in conformity with the legislation of each
country, accord temporary protection to patentable inventions, to utility
models, and to industrial designs or models, as well as to trade marks, in respect
of products which shall be exhibited at official, or officially recognized, inter-
national exhibitions held in the territory of one of them.
Article 12
Each of the contracting countries agrees to establish a special Govern-
ment department for industrial property, and a central office for communica-
tion to the public of patents, utility models, industrial designs or models, and
trade marks.
This department shall, as far as possible, publish an official periodical
paper.
Article 13
The International Office, established at Berne under the name “ Bureau
international pour la Protection de la Propriete industrielle,” is placed under
the high authority of the Government of the Swiss Confederation, which is to
regulate its organization and supervise its working.
The International Office will centralize information of every kind relating
to the protection of industrial property, and will bring it together in the form
of a general statistical statement, which will be distributed to all the Adminis-
trations. It will interest itself in all matters of common utility to the Union,
and will edit, with the help of the documents supplied to it by the various
Administrations, a periodical paper in the French language, dealing with ques-
tions regarding the object of the Union.
COMMISSIONER OF PATENTS
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SESSIONAL PAPER No. 9
The numbers of this paper, as well as all the documents published by the
International Office, will be circulated among the Administrations of the
countries of the Union in the proportion of the number of contributing units
as mentioned below. Such further copies as may be desired, either by the said
Administrations, or by societies or private persons, will be paid for separately.
The International Office shall at all times hold itself at the service of
members of the Union, in order to supply them with any special information
they may need on questions relating to the international system of industrial
property. It will furnish an annual report on its working, which shall be com-
municated to all the members of the Union.
The official language of the International Office will be French.
The expenses of the International Office will be borne by the contracting
countries in common. In no case may they exceed the sum of 60.000 fr. per
annum.
To determine the part which each country should contribute to this total
of expenses, the contracting countries, and those which may afterwards join the
Union, shall be divided into six classes, each contributing in the proportion of
a certain number of units, namely: —
Units.
1st class 25
2nd “ 20
3rd “ 15
4th “ 10
5th “ 5
6th “ 3
These coefficients will be multiplied by the number of countries in each
class, and the sum of the result thus obtained will supply the number of units
by which the total expense has to be divided. The quotient will give the amount
of the unit of expense.
Each of the contracting countries shall designate at the time of its accession
the class in which it wishes to be placed.
The Government of the Swiss Confederation will superintend the expenses
of the International Office, advance the necessary funds, and render an annual
account, which will be communicated to all the other Administrations.
Article 14
The present Convention shall be submitted to periodical revisions with a
view to the introduction of amendments calculated to improve the system of the
Union.
For this purpose, Conferences shall be held successively, in one of the con-
tracting countries, between the delegates of the said countries.
The Administration of the country* in which the Conference is to be held
will make preparation for the transaction of that Conference, with the assist-
ance of the International Office.
The Director of the International Office will be present at the meetings of
the Conferences and will take part in the discussions, but without the privilege
of voting.
Article 15
It is agreed that the contracting countries respectively reserve to themselves
the right to make separately, as between themselves, special arrangements for
the protection of industrial property, in so far as such arrangements do not con-
travene the provisions of the present Convention.
24
TRADE AND COMMERCE
15 GEORGE V, A. 1925
Article 16
Countries which are not parties to the present Convention shall be allowed
to accede to it upon their request.
The accession shall be notified through the diplomatic channel to the
Government of the Swiss Confederation, and by the latter to all the other
countries.
It shall entail, as a matter of right, accession to all the clauses, as well as
admission to all the advantages stipulated in the present Convention, and shall
take effect one month after the despatch of the notification by the Government
of the Swiss Confederation to the other countries of the Union, unless a subse-
quent date has been indicated by the acceding country.
Article 16 bis
The contracting countries have the right of acceding to the present Conven-
tion at any time on behalf of their Colonies, Possessions, Dependencies, and
Protectorates, or of any of them.
For this purpose they may either make a general declaration, including all
their Colonies, Possessions, Dependencies, and Protectorates in the accession, or
may expressly name those included, or may confine themselves to indicating
those which are excluded therefrom.
This declaration shall be notified in writing to the Government of the Swiss
Confederation and by the latter to all the other countries.
Under the same conditions, the contracting countries may denounce the
Convention on behalf of their Colonies, Possessions, Dependencies, and Protec-
torates, or of any of them.
Article 17
The execution of the reciprocal engagements contained in the present Con-
vention is subordinated, in so far as necessary, to the observance of the formali-
ties and rules established by the constitutional laws of those of the contracting
countries, who are bound to procure the application of the same, which they
engage to do with as little delay as possible.
Article 17 bis
The Convention shall remain in force for an unlimited time, till the expiry
of one year from the date of its denunciation.
This denunciation shall be addressed to tne Government of the Swiss Con-
federation. It shall only affect the denouncing country, the Convention remain-
ing in operation as regards the other contracting countries.
Article 18
The present Act shall be ratified and the ratifications deposited at Wash-
ington not later than the 1st April, 1913. It shall come into force, as between
the countries which ratify it, one month after the expiration of that period.
This Act, with its Final Protocol, shall replace, as regards relations between
the countries which ratify it, the Convention of Paris of the 20th March, 1883;
the Final Protocol annexed to that Act; the Protocol of Madrid of the 15th
April, 1891, regarding the endowment of the International Office; and the Addi-
tional Act of Brussels of the 14th December, 1900. The above-mentioned Acts
shall, however, remain in force as regards relations with countries which have
not ratified the present Act.
COMMISSIONER OF PATENTS
25
SESSIONAL PAPER No. 9
<
Article 19
The present Act shall be signed in a single copy, which shall be deposited in
the archives of the Government of the United States. A copy, certified as cor-
rect, shall be forwarded by the latter to each of the Governments of the Union.
In witness whereof the respective Plenipotentiaries have signed the present
Act.
Done at Washington, in a single copy, the 2nd June, 1911.
PINAL PROTOCOL
On proceeding to the signature of the Act concluded this day, the under-
signed Plenipotentiaries have agreed as follows:—
To Article 1
The words “industrial property” arc to be taken in their broadest sense;
they extend to all productions of the agricultural industries (wines, corn, fruits,
cattle, etc.) and of the mining industries (minerals, mineral waters, etc.).
To Article 2
(а) Under the word “ patents ” are comprised the various kinds of indus-
trial patents recognized by the legislation of each of the contracting countries,
such as importation patents, improvement patents, etc., whether for processes
or for products.
(б) It is understood that the provision of article 2, which exempts the sub-
jects or citizens of the Union countries from the obligation as to the possession
of a domicile and establishment, is of the nature of an interpretation, and is
consequently to apply to all rights resulting from the Convention of the 20th
March, 1883, before the present Act comes into operation.
(c) It is understood that the provisions of article 2 do not affect the legis-
lation of each of the contracting countries as regards the procedure to be fol-
lowed before the tribunals and the competence of those tribunals, nor as regards
the election or domicile or appointment of an authorized agent which may be
laid down in laws as to patents, utility models, trade marks, etc.
To Article 4
It is understood that when an industrial design or model is registered in a
country in virtue of a right of priority based on the registration of a utility
model, the period of priority shall not exceed that fixed by article 4 for indus-
trial designs and models.
To Article 6
It is understood that the provision of the first paragraph of article 6 does
not exclude the right of requiring from the person registering the mark a certifi-
cate proving due registration in the country of origin, issued by the competent
authority.
It is understood that the use of public armorial bearings, insignia or decora-
tions, unless authorized by the competent authorities, or the use of official hall
marks or signs indicating an official warranty, which may be adopted by a Union
country, may be regarded as contrary to public order in the sense of No. 3 of
article 6.
26
TRADE AND COMMERCE
15 GEORGE V, A. 1925
i
Marks containing a reproduction of public armorial bearings, decorations
or insignia, with the authorization of the competent authorities, shall not, how-
ever, be considered as contrary to public order.
It is understood that a mark cannot be considered as contrary to public
order solely on the ground that it does not conform to some provision of the
trade marks laws, unless such provision itself relates to public order.
The present final Protocol, which shall be ratified at the same time as the
Act concluded on this day, shall be considered as forming an integral part of,
and shall have the same force, validity, and duration as the said Act.
In witness whereof the respective Plenipotentiaries have signed this Protocol.
Done at Washington, in a single copy,
(Deposit of Ratifications)
PROTOCOL
In execution of article 18 of the Convention for the Protection of Indus-
trial Property signed at Washington the 2nd June, 1911, the Undersigned,
duly authorized thereto, have met together in order to proceed to the deposit
of the Acts of Ratification of the aforesaid Convention by their respective
Governments.
These Acts, having been presented and found to be in good and due form,,
have been entrusted to the Secretary of State of the United States of America
with a view to their deposit in the archives of the Government of the United
States.
In witness whereof the present Protocol has been prepared, of which a
certified copy shall be communicated through the diplomatic channel to the
Governments constituting the International Union for the Protection of Indus-
trial Property.
Done at Washington, the 1st April, 1913.
Extract from the Canada Gazette, May 17, 1924, Pages 4^41 and 4%48-
GOVERNMENT NOTICES
Accession of Canada to the International Convention for the Protection o)
Industrial Property as Revised at Washington in 1911
P.C. 50
Certified copy of a Report of the Committee of the Privy Council, approved
by His Excellency the Governor General on the loth January, 1923.
The Committee of the Privy Council have had before them a report, dated
21st December, 1922, from the Acting Minister of Trade and Commerce, sub-
mitting that by Minute of Council approved on the 9th of March, 1900,
authority was given for the reasons therein mentioned for the submission to
Her Majesty’s Government of a request that Her Majesty be graciously pleased
to take such action as might be necessary to declare the adhesion of the Dominion
to the International Convention for the Protection of Industrial Property created
in Paris in 1883.
COMMISSIONER OF PATENTS
27
SESSIONAL PAPER No. 9
The Minister further submits that in due course a copy of said Minute of
Council with copies of the Canadian Patent Act and Trade Mark and Design
Act were transmitted to the Secretary of State for the Colonies.
Under date the 7th of July, 1900, a reply was received from the Secretary
of State for the Colonies to the despatch transmitting said copies to the effect
that before Canada could comply with certain Articles of the Convention therein
mentioned some alteration in the existing Canadian law would be required.
The Minister observes that by amendment since made to the Canadian
Patent Act and by further amendment of said Act and amendment of the
Canadian Trade Mark and Design Act by the passage of bills prepared for intro-
duction at the session of Parliament about to be held, Canada will now be in
a position to comply with all the articles of said Convention as will appear by
copies of said Acts and Bills hereunto annexed.
The Minister states that in his opinion satisfactory provision has been
made in the Dominion for the protection of inventions, trade marks and designs,
patented or registered in the United Kingdom or the Isle of Man.
The Minister therefore recommends that authority be given for the sub-
mission to His Majesty’s Government of a request that His Majesty will be
graciously pleased to take such action as may be necessary to declare the
adhesion of the Dominion to the International Convention for the Protection
of Industrial Property as revised at Washington in 1911, and to pass an Order
in Council applying to the Dominion Section 91 of the Patents and Designs
Act, 1907, as amended with such variations or additions, if any, as to His
Majesty in Council may seem fit.
The Minister further recommends that copies of said Canadian Acts and
Bills be forwarded to His Majesty’s Government.
The Committee advise that Your Excellency may be moved to transmit
a certified copy of this Minute, together with the documents above-mentioned
and annexed, to the Right Honourable the Secretary of State for the Colonies.
All of which is respectfully submitted for Your Excellency’s approval.
RODOLPHE BOUDREAU,
Clerk of the Privy Council.
Canada
No. 467
Downing Street, September 24, 1923.
My Lord, — With reference to my despatch No. 389, of the 17th
8th &ept. 0f August, I have the honour to transmit to your Excellency, for the
4th Sept. information of your Ministers, a copy of a despatch from His
ist Sept. Majesty’s Minister at Berne regarding the accession of Canada to
the International Convention for the Protection of Industrial Prop-
erty.
I have the honour to be, My Lord,
Your Lordship’s most obedient, humble servant,
(Signed) DEVONSHIRE.
Governor General, His Excellency, General, The Right Honourable, Lord
Byng of Vimv, G.C.B., G.C.M.G., M.V.O., etc., etc., etc.
28
TRADE AND COMMERCE
15 GEORGE V, A. 1925
Copy.
No. ‘126
(821/467/23).
Berne, September 8, 1923.
My Lord, — With reference to Your Lordship’s despatch No. 203
(W 6163/1392/43) of the 9th August regarding the accession of the Government
of the Dominion of Canada to the International Convention for the Protection
of Industrial Property, I have the honour to transmit herewith copy of the
reply of the Swiss Government to the note addressed to them on the 21st
ultimo, enclosing a circular which has been distributed to the Governments
of the States who are already members of the Convention.
I have etc., with the highest respect,
(Sgd.) R. I. BAIRD,
(For His Majesty’s Minister).
The Most Honourable,
The Marquess Curzon of Kedleston, K.C.,
etc., etc., etc.
Copie.
Departement Politique federal
Division des Affaires entrangeres.
B.14 3.6. II— Fo.
Ad. No. 32 (752/467 23)
Par note du 21 aout, la Legation de Grande-Bretagne a bien voulu notifier
au Departement Politique Federal l’accession du Canada a la Convention de
Paris du mars 1883 pour la protection de la propriete industrielle, revisee a
Bruxelles le 14 decembre 1900 et a Washington le 2 juin 1911.
Le Departement Politique a l’honneur de faire savoir a la Legation de
Grande-Bretagne que cette accession a ete portee a la connaissance des Gou-
vernements des pays membres de 1’Union de la propriete industrielle par une
note circulaire, dont ci-joint un exemplaire.
A teneur de la notification de la Legation, et conformement a l’article 16
bis de la Convention d’Lmion precitee, cette adhesion produit ses effets a partir
du ler septembre 1923.
Le Departement saisit cette occasion de renouveler a la Legation l’assurance
de sa haute consideration.
Berne, le 4 septembre, 1923.
1 annexe
A la Legation de Grande-Bretagne,
Berne.
Copie.
(W.71 10/1392/43)
Berne, le ler septembre, 1923.
Monsieur le Ministre, — Le 21 aout dernier, la Legation de Grande-
Bretagne a Berne nous a fait savoir, avec priere donner connaissance aux Gou-
vernements des pays membres de l’Union pour la protection de la propriete
industrielle, que la colonie de Canada a accede a la Convention d’Union de
Paris du 20 mars 1883 pour la protection de la propriete industrielle, revisee a
Bruxelles le 14 decembre 1900 et a Washington le 2 juin 1911.
COMMISSIONER OF PATENTS
29
SESSIONAL PAPER No. 9
A teneur cle la note cle la Legation et conformement a Particle 1G his de
ladite Convention d’Union, cette adhesion produit ses effets a partir du ler
septembre, 1923.
En priant Votre Excellence de vouloir bien prendre note de ce cjui precede
nous saisissons cette occasion pour vous renouveler, Monsieur le Ministre, l’as-
surance de not re haute consideration.
Au nom du Conseil federal suisse:
Le President de la Confederation,
(Signe)
Le Chancelier
(Signe)
Son Excellence
Monsieur le Ministre
des Affaires Etrangeres.
de la Confederation
The foregoing Order in Council and Despatches evidence the accession of
Canada to the International Convention for the Protection of Industrial Prop-
erty signed at Washington, June 2, 1911.
GEO. F. O’HALLORAN,
46-1 Commissioner of Patents.
[1395]
Extract from Canada Gazette, May 10, 1924
THE COPYRIGHT ACT, 1921
The following is a true copy of a Minute of a Meeting of the Committee of
the Privy Council, approved by His Excellency the Governor General,
on the 27th July, 1923.
The Committee of the Privy Council have had before them a report, dated
14th July, 1923, from the Minister of Trade and Commerce, stating that section
49 of the Copyright Act, 1921, provides that the Governor in Council may
take such action as may be necessary to secure the adherence of Canada to
the Revised Convention of Berne, signed on the 13th day of November, 1908.
and the additional Protocol thereto signed at Berne, the twentieth day of
March, 1914, set out in the Second Schedule to this Act.
Article 1 of the said Protocol provides that, where any country outside
the Union fails to protect in an adequate manner the works of authors who are
subject to the jurisdiction of one of the contracting countries, nothing in the
Convention of the 13th November, 1908, shall affect the right of such contract-
ing country to restrict the protection given to the works of authors who are,
at the date of the first publication thereof subjects or citizens of the said
non-Union country, and are not effectively domiciled in one of the countries of
the Union.
Article 2 provides that the right accorded by the present Protocol to con-
tracting States belongs equally to any of their oversea possessions.
Article 4 provides that the States which restrict the grant of copyright in
accordance with the present Protocol shall give notice thereof to the Govern-
ment of the Swiss Confederation by a written declaration specifying the coun-
30
TRADE AND COMMERCE
15 GEORGE V, A. 1925
tries in regard to which protection is restricted, and the restrictions to which
rights of authors who are subject to the jurisdiction of these countries are sub-
jected.
The Dominion of Canada restricts the grant of copyright in accordance
with the said Protocol in regard to the United States of America, and the
restrictions to which rights of authors who are subject to the jurisdiction of
that country are subjected, are set forth in sections 13, 14, 15 and 27 of the
said Copyright Act, 1921.
Subsection (2) of section 25 of the Copyright Act, 1911, passed by the
Parliament of the United Kingdom provides as follows: —
If the Secretary of State certifies by notice published in the London
Gazette that any self-governing dominion has passed legislation under
which works, the authors whereof were at the date of the making of the
works British subjects resident elsewhere than in the dominion or (not
being British subjects) were resident in the parts of His Majesty’s
dominions to which this Act extends, enjoy within the dominions rights
substantially identical with those conferred by this Act, then, whilst
such legislation continues in force, the dominion shall, for the purposes
of the rights conferred by this Act, be treated as if it were a dominion
to which this Act extends; and it shall be lawful for the Secretary of
State to give such certificate as aforesaid, notwithstanding that the
remedies for enforcing the rights, or the restrictions on the importation
of copies of works, manufactured in a foreign country, under the law of
the dominion, differ from those under this Act.
In the opinion of the Minister, under the provisions of the Copyright Act,
1921, as amended by the Copyright Amendment Act, 1923, authors who are
British subjects resident elsewhere than in the Dominion of Canada or not
being British subjects, are resident within His Majesty’s dominions, enjoy
within the Dominion of Canada rights substantially identical writh those con-
ferred by the said Copyright Act, 1911.
The Minister, therefore, recommends that authority be given for the sub-
mission to His Majesty’s Government of a request that His Majesty be
graciously pleased to take such action as may be necessary to declare the
adhesion of the Dominion of Canada to the Revised Convention of Berne, signed
the thirteenth day of November, 1908. and the Additional Protocol thereto
signed at Berne the twentieth day of March, 1914, subject to the restriction
in regard to the United States of America as hereinbefore set forth.
The Committee, on the recommendation of the Minister of Trade and
Commerce, advise that Your Excellency may be pleased to request His Majesty’s
Government to take such action as may be necessary for publication in the
London Gazette of the notice of the Secretary of State as provided by subsection
(2) of section 25 of the said Copyright Act, 1911.
All which is respectfully submitted for approval.
E. J. LEMAIRE,
Clerk of the Privy Council.
COMMISSIONER OF PATENTS
31
SESSIONAL PAPER No. 9
Extract from Canada Gazette March 1, 1924
COPYRIGHT NOTICE
ACCESSION OF CANADA TO THE REVISED BERNE COPYRIGHT CONVENTION OF 1908
The despatch from the Secretary of State for the Colonies to His Excellency
the Governor General and the therewith enclosed despatch from His Majesty’s
Charge d’Affairs at Berne which are printed below were received at the Patent
and Copyright Office on the 28th of February, 1924. These despatches evidence
the accession of Canada to said Revised Berne Convention.
GEO. F. O’HALLORAN,
Commissioner of Patents.
CANADA
No. 70.
Downing Street, February 13, 1924.
My Lord, — With reference to my predecessor’s despatch No. 18 of the 5th
of January, I have the honour to transmit to Your Excellency, to be laid before
your Ministers, a copy of a despatch from His Majesty’s Charge d’Affairs at
Berne reporting that the Swiss Government was notified on the 7th of January
of the accession of the Dominion of Canada to the Revised Berne Copyright
Convention of 1908.
I have the honour to be, My Lord,
Your Lordship’s most obedient humble servant,
J. H. THOMAS.
Governor General, His Excellency, General, The Right Honourable Lord Byng
of Vi my, G.C.B., G.C.M.G., M.V.O., etc., etc., etc.
Berne, February 2, 1924.
Sir, — With reference ter Lord Curzon’s despatch No. 27 (w. 33/33/43/) of
the the 22nd ultimo, I have the honour to inform you that Sir Milne Chetham
notified to the Swiss Government on the 7th of January the accession of the
Dominion of Canada to the Revised Berne Copyright Convention of 1908.
I have, etc.,
The Honourable 0. A. SCOTT.
James Ramsay MacDonald, M.P.
Extract from Canada Gazette March 15, 1924
COPYRIGHT NOTICE
ACCESSION OF CANADA TO THE REVISED BERNE COPYRIGHT CONVENTION OF 1908
The despatch from the Secretary of State for the Colonies to His Excellency
the Governor General and the therewith enclosed note from the Swiss Federal
Council which are both printed below, complete the evidence of the accession of
Canada to the Revised Berne Copyright Convention of 1908, and the Additional
Protocol thereto of 1914.
Previous despatches in this connection were published in The Canada
Gazette of March 1, 1924, page 3200.
GEO. F. O’HALLORAN,
Commissioner of Patents.
32
TRADE AND COMMERCE
15 GEORGE V, A. 1925
Canada
Dominions No. 80
Downing Street, February 28, 1924.
My Lord, — With reference to my despatch No. 70 of the 13th of February,
I have the honour to transmit to Your Excellency, to be laid before your Min-
isters, a copy of a note from the Swiss Federal Council relative to the accession
of Canada to the revised Berne Copyright Convention of 1908 and the addi-
tional Protocol thereto of 1914.
I have the honour to be, My Lord,
Your Lordship’s most obedient, humble servant.
(Signed) J. H. THOMAS.
Governor General. His Excellency, The Right Honourable, Lord Byng of Vimy,
G.C.B., G.C.M.G., M.V.O., etc., etc., etc.
Note du Conseil federal adressee a tons les Etats membres de UUnion pour la
protection des oeuvres litteraires et artistiques.
Berne, le 29 janvier 1924.
Monsieur le Ministre, — Par une note du 7 janvier 1924, la Legation
Britannique, a Berne, a notifie au Conseil federal l’adhesion du Dominion du
Canada a la Convention de Berne revisee pour la protection des oeuvres litte-
raires et artistiques, du 13 novembre 1908. completee par le Protocole addi-
tionnel signe a Berne le 20 mars 1914. Cette adhesion, qui procluit ses effets a
partir du ler janvier 1924, met definitivement fin a l’existence des actes ante-
rieurs, soit la Convention de Berne primitive du 9 septembre 1886 et l’Acte addi-
tionel de Paris du 4 mai 1896, par lesquels le Canada seul restait lie jusqu’ici.
Dorenavent, la Convention de Berne revisee de 1908 regira la totalite des pays
unionnistes, a l’exception des quelques dispositions isolees clesdits actes ante-
rieurs qui ont ete maintenues par certains etats contractants sous forme de
reserves formelles.
L’adhesion precitee est donnee sous l’unique restriction ainsi formulee dans
la note du 7 janvier 1924: “ Conformement au Protocole additionnel de 1914.
le Dominion du Canada restreint la protection des droits des auteurs par rapport
aux Etats-Unis d’Amerique; les restrictions auxquelles sont sounds les droits
des auteurs places sous la juridietion de ce pays sont etablies par les articles 13,
14, 15 et 27 le da loi de 1921 sur le droit d’auteur.”
Le traitement restrictif etant ainsi circonscrit aux rapports entre le Canada
et les Etats-Unis, nous croyons pouvoir renvoyer au texte ofRciel frangais de
cette loi tel qu’il a ete publie par le Droit d’Auteur, annee 1921, p. 98 et suivantes,
ainsi qu’aux etudes que ce meme organe a consacrces soit a l’historique et a
la portee du Protocole additionnel de 1914 (ibid., 1914, p. 79 a 81 et 93 a 96),
soit aux affaires americaines qui ont donne lieu a une premiere application de
ce Protocole (v. notamment ibid., 1923. p. 37 a 39 et 105 a 107).
Veuillez agreer, Monsieur le Ministre, l’assurance de notre haute conside-
ration.
Au nom du Conseil federal suisse:
Le President de la Confederation,
(Sge) CHEURD.
Le Chancelier de la Confederation,
(Sge) STEIGER.
Son Excellence
Monsieur le Ministre des Affaires Etrangeres.
COMMISSIONER OF FAT ENTS
33
SESSIONAL PAPER No. 9
Extract from London Gazette December 14, 1923
Downing Street, December 6, 1923.
T, the undersigned, one of His Majesty’s Principal Secretaries of State, do
hereby certify, pursuant to section 25 sub-section (2) of the Imperial Copyright
Act 1911 that the Dominion of Canada has passed legislation (that is to say
the Copyright Act 1921 and the Copyright Amendment Act 1923) under which
works, the authors whereof were at the date of the making of the works British
subjects resident elsewhere than in the Dominion of Canada, or (not being
British subjects) were resident in the parts of His Majesty’s Dominions to
which the said Imperial Act extends, enjoy within the Dominion of Canada,
as from the 1st day of January, 1924, rights substantially identical with those
conferred by the said Imperial Act.
DEVONSHIRE.
Extract from Canada Gazette December 29 , 1923
THE COPYRIGHT ACT, 1921
EXTENSION TO THE UNITED STATES OF AMERICA
I, Thomas Andrew Low, Minister of Trade and Commerce for the Dominion
of Canada, do hereby certify pursuant to subsection 2 of section 4 of the Copy-
right Act, 1921, that the United States of America is a country which grants
or has undertaken to grant either by treaty, convention, agreement or law, to
citizens of Canada, the benefit of Copyright on substantially the same basis
as to its own citizens or Copyright protection substantially equal to that con-
ferred by the said Act, and from the first day of January, 1924, the said country
shall for the purpose of the rights conferred by the said Act be treated as if it
were a country to which the said Act extends.
THOS. A. LOW.
Ottawa, December 26, 1923.
C( )PYR IGHT— CANADA
By the President of the United States of America
A PROCLAMATION
Whereas it is provided by the Act of Congress approved March 4, 1909,
entitled “ An Act to Amend and Consolidate the Acts Respecting Copyright,”
that the copyright secured by the Act, except the benefits under section 1 (e)
thereof as to which special conditions are imposed, shall extend to the work
of an author or proprietor who is a citizen or subject of a foreign state or nation,
only upon certain conditions set forth in section 8 of the said Act, to wit:
(a) When an alien author or proprietor shall be domiciled within the
United States at the time of the first publication of his work; or
(b) When the foreign state or nation of which such author or proprietoi
is a citizen or subject grants, either by treaty, convention, agreement, or law
to citizens of the United States the benefit of copyright on substantially the same
basis as to its own citizens, or copyright protection substantially equal to the
protection secured to such foreign author under this Act or by treaty; or when
such foreign state or nation is a party to an international agreement which
provides for reciprocity in the granting of copyright, by the terms of which
agreement the LTnited States may, at its pleasure, become a party thereto;
34
TRADE AND COMMERCE
And whereas it is provided by section 1 (e) of the said Act of Congress,
approved March 4, 1909, that the provisions of the Act, “ so far as they secure
copyright controlling the parts of instruments serving to reproduce mechanically
the musical work, shall include only compositions published and copyrighted
after this Act goes into effect, and shall not include the works of a foreign author
or composer unless the foreign state or nation of which such author or composer
is a citizen or subject grants, either by treaty, convention, agreement or law,
to citizens of the United States similar rights
And whereas the President is authorized by the said section 8 to determine
by proclamation made from time to time the existence of the reciprocal con-
ditions aforesaid, as the purposes of the Act may require;
And whereas satisfactory official assurances have been received that the
Minister of Trade and Commerce of Canada issued, pursuant to section 4 (2)
of the Canadian Copyright Act assented to June 4, 1921, a certificate dated
December 26, 1923, to become operative on January 1, 1924, declaring that
for the purposes of the rights conferred by the said Act, the United States shall
be treated as if it were a country to which the Act extends.
Now therefore, I, Calvin Coolidge, President of the United States of
America do declare and proclaim:
That on and after January 1, 1924, the conditions specified in sections 8
( b ) and 1 (e) of the Act of March 4, 1909. will exist and be fulfilled in respect
to the citizens of Canada and that on and after that date citizens of Canada
will be entitled to all the benefits of the Act of March 4, 1909. including section
1 (e) thereof and the Acts amendatory of the said Act.
Provided that the enjoyment by any work of the rights and benefits con-
ferred by the Act of March 4. 1909, and the Acts amendatory thereof, shall be
conditional upon compliance with the requirements and formalities prescribed
with respect to such works by the copyright laws of the United States.
And Provided Further that the provisions of section 1 ( e ) of the Act of
March 4. 1909, in so far as they secure copyright controlling the parts of instru-
ments serving to reproduce mechanically musical works shall apply only to
compositions published on or after January 1, 1924, and registered for copy-
right in the United States.
In witness whereof, I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the City of 'Washington this 27th day of December, in the year
of Our Lord one thousand nine hundred and twenty-three, and of the Inde-
pendence of the United States of America the one hundred and forty-eighth.
[seal]
CALVIN COOLIDGE.
By the President:
Charles E. Hughes,
Secretary of State.
[No. 1682.]
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